ORS 51.260
Filling vacancy

  • temporary appointment
  • appointment during justice’s vacation

(1)

If a vacancy occurs in the office of justice of the peace, the Governor immediately shall appoint some person possessing the qualifications for election to that office to fill the vacancy until the next general election and until such appointee’s successor is elected and qualified. The person appointed to fill the vacancy shall qualify in the same manner as a person elected to the office.

(2)

In the event of a temporary absence or other incapacity of a justice of the peace, the county court, if it deems it in the public interest, may appoint a sitting justice of the peace from any county justice of the peace district within the State of Oregon, or may appoint a person possessing the qualifications for election as justice of the peace, to serve as justice of the peace pro tempore during the period of absence or incapacity. An appointment under this subsection may not be for a period exceeding one year.

(3)

In the event of a temporary absence of a justice of the peace for a period of more than 60 consecutive days, or in the event of inability for a like period to act by reason of illness or other cause, the Governor, if the Governor deems it necessary in the public interest that a person be appointed to fill such temporary vacancy, shall appoint some person possessing the qualifications for election to such office to fill the temporary vacancy.

(4)

The person appointed by the county court or Governor pursuant to subsection (2) or (3) of this section immediately shall qualify in the same manner as a person elected to the office, and thereupon shall perform the duties of justice of the peace for the district during the temporary absence or inability. During the temporary tenure, the person shall receive the salary that the absent justice of the peace otherwise would have received during the period. When any such appointee has qualified and entered upon the duties of office, the appointment thereto shall not be revoked or rescinded during the actual trial or hearing of any action or proceeding before the appointee; but the temporary appointment may be terminated at any other time by written notice to that effect given by the appointing authority and filed with the county clerk of the county.

(5)

Every justice of the peace is entitled to two weeks paid vacation every year and during such absence the county court may appoint a justice of the peace pro tempore pursuant to the provisions of subsections (2) and (4) of this section. [Amended by 1961 c.724 §26; 1995 c.329 §1; 1995 c.658 §58]

Source: Section 51.260 — Filling vacancy; temporary appointment; appointment during justice’s vacation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors051.­html.

Notes of Decisions

Search warrant issued by justice of peace pro tempore after 60-day appointment had expired is not valid. State v. Effinger, 98 Or App 651, 780 P2d 768 (1989)

Green check means up to date. Up to date

Current through early 2024

§ 51.260’s source at oregon​.gov